Barber v. Town of New Scotland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of New Scotland, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Albany on the 26tli day of April, 1900, upon the report of a referee.
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Appeal by the defendant, The Town of New Scotland, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Albany on the 26tli day of April, 1900, upon the report of a referee. The action was brought to recover $768.22, being the amount expended by plaintiffs for services of an attorney employed by them in the defense of a certiorari proceeding instituted by the Delaware and Hudson Canal Company to review an assessment made by plaintiffs as assessors of the town of New Scotland in 1893. This claim Was in 1897 presented by these…
1Opinion of the Court
Kellogg, J.,
The referee finds as a fact, and upon sufficient proof, that these plaintiffs presented this identical claim to the board of audit of the town of New Scotland, to be audited against said town, and that it was audited and allowed at $200; and, on certiorari sued out by plaintiffs, the Appelate Division confirmed the judgment of the town board. (People ex rel. McMillen v. Vanderpoel, 35 App. Div. 73.) It appears that plaintiffs thereafter brought this action^ ignoring the judgment of the board of audit and the confirmation thereof by the Appellate Division.
That the town board had…
2Cases cited1 opinion
- People ex rel. McMillen v. VanderpoelAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Jones v. YoungAppellate Division of the Supreme Court of the State of New York · 1939
- Murphy v. Town of BentonNew York Supreme Court · 1914